The High Court granted anticipatory bail to the petitioner, a retired police inspector, facing arrest under IPC Sections 120B, 420, 468, and 471. The order was based on the petitioner's cooperation and the progress of investigation.
Grant of anticipatory bail in the event of arrest with a bond of Rs. 20,000 and one surety.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010132982018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1879/2018
1:GAURI KANTA LAHKAR
INSEPCTOR OF POLICE, CIRLCE INSPECTOR, ROWTA, ROWTA CHARIALI, DIST. DARRANG, ASSAM
VERSUS
1:THE STATE OF ASSAM REPRESENTED BY PP, ASSAM
Advocate for the Petitioner : MR. I C DEKA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 03-12-2018
Heard Mr. I. C. Deka, learned counsel appearing for the petitioner and Ms. S. Baruah, learned Addl. Public Prosecutor, Assam for the State respondents.
By this application filed under Section 438 Cr.P.C., the petitioner namely, Sri Gauri Kanta Lahkar, aged about 59 years, has prayed for grant of pre-arrest bail apprehending his arrest, in connection with CID P.S. Case No. 17/2017 under Section 120 B/420/468/471 of the IPC.
The case record along with the case diary as called for is placed before the Court.
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Mr. I. C. Deka, learned counsel for the petitioner submits that misunderstanding that out of making a wrong entry of the registration No. of the offending in the General Diary. According to Mr. Deka, later on, the mistake come to light, but in the meantime, the wife of the deceased lodged the F.I.R. which entailed registration of the case against the petitioner and others. Mr. Deka, also submits that the petitioner has retired form Service as Inspector of Police.
Ms. S. Baruah, learned Addl. Public Prosecutor submits that the petitioner has the statement of the petitioner under Section 161 Cr.P.C has already been recorded by the Investigating Officer and that he has again been summoned by the Investigating Officer.
Ms. Baruah, learned Addl. Public Prosecutor, Assam submits that the interrogation has substantially progressed and the petitioner has been co-operating in investigation and, as such, his custodial interrogation is not warranted.
Perused of the case diary.
On scrutiny of this case diary and hearing the learned counsel of both the sides, as above, this Court is satisfied that the petitioner is co-operating in investigation and as interrogation has substantially progressed, custodial interrogation of the petitioner is not warranted.
Therefore, it is provided that in the event of arrest, the petitioner shall be released on anticipatory bail of Rs. 20,000/-(Twenty thousand only) with one surety of like amount to the satisfaction of the arresting authority.
The above interim pre-arrest bail order shall, however, be subject to the following conditions:-
(i) That the accused-petitioner shall appear before the Investigating Officer of said CID P.S. Case No. 17/2017 as and when required; and
(ii) That the accused-petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case
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so as to dissuade him from disclosing such facts to the Police Officer or to the Court.
Return the case record along with the case diary.
The Anticipatory bail stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest underSections 120B/420/468/471 IPC.
Whether the petitioner's cooperation in investigation warrants release without custodial interrogation.
6 provisions across 2 enactments
Gauri Kanta Lahkar
The State of Assam represented by PP, Assam
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
